New York § 625 - 625Filing of claims

§ 625. 625Filing of claims

§ 625. Filing of claims. 1. A claim may be filed by a person eligible to receive an award, as provided in section six hundred twenty-four of this article, or, if such person is under the age of eighteen years, an incompetent, or a conservatee, by his relative, guardian, committee, conservator, or attorney. 2. A claim must be filed by the claimant not later than three years after the occurrence or discovery of the crime upon which such claim is based, three years after a court finds a lawsuit to be frivolous, or not later than three years after the death of the victim, provided, however, that upon good cause shown, the office may extend the time for filing. The office shall extend the time for filing where the claimant received no notice pursuant to section six hundred twenty-five-a of this article and had no knowledge of eligibility pursuant to section six hundred twenty-four of this article. 3. Claims shall be filed in person, by mail or electronically, in such manner as the office may prescribe. The office shall accept for filing all claims submitted by persons eligible under subdivision one of this section and alleging the jurisdictional requirements set forth in this article and meeting the requirements as to form in the rules and regulations promulgated to carry out the provisions and purposes of this article. 4. Upon the filing of a claim pursuant to this article, the office shall promptly notify the district attorney of the county wherein the crime is alleged to have occurred, provided however, that in such cases in which the crime victim reported to a support agency that is also a victim services provider as defined in clause (B) of subparagraph (iii) of paragraph (c) of subdivision one of section six hundred thirty-one of this article, the office shall not make any such notification. If, within ten days after such notification, such district attorney advises the office that a criminal prosecution is pending upon the same alleged crime and requests that action by the office be deferred, the office shall defer all proceedings under this article until such time as such criminal prosecution has been concluded and shall so notify such district attorney and the claimant. When such criminal prosecution has been concluded, such district attorney shall promptly so notify the office. Nothing in this section shall limit the authority of the office to grant emergency awards pursuant to section six hundred thirty of this article.